S T A T E O F N E W Y O R K
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S. 7730 A. 9825
S E N A T E - A S S E M B L Y
February 14, 2018
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IN SENATE -- Introduced by Sen. MURPHY -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Education
IN ASSEMBLY -- Introduced by M. of A. GALEF -- read once and referred to
the Committee on Education
AN ACT to amend the education law, in relation to the component school
districts' share of the capital expenditures of a board of cooperative
educational services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph b of subdivision 13 of section 1950 of the educa-
tion law, as added by chapter 33 of the laws of 1976, is amended to read
as follows:
b. The acquisition of such facilities is hereby declared and deter-
mined to be a school district purpose and an object or purpose for which
each such component school district is hereby authorized to expend money
and contract indebtedness. The period of probable usefulness of such
object or purpose is hereby determined to be thirty years. Each such
component school district is hereby authorized to finance its share of
the cost of the acquisition of such facilities together with costs inci-
dental to such financing, including, but not limited to legal fees,
printing, engraving and publication of notices, either from any current
funds legally available therefor, or by the issuance of obligations
pursuant to the local finance law; provided, however, THAT SUBJECT TO
THE APPROVAL OF THE QUALIFIED VOTERS, THE SCHOOL DISTRICT'S SHARE OF
CAPITAL LOCAL EXPENDITURES APPROVED BY THE BOARD OF EDUCATION OF THE
BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AS DEFINED IN SUBPARAGRAPH
(II) OF PARAGRAPH C OF SUBDIVISION TWO OF SECTION TWO THOUSAND TWENTY-
THREE-A OF THIS TITLE, SHALL NOT BE INCLUDED IN SUCH COMPONENT SCHOOL
DISTRICT'S TAX LEVY PURSUANT TO SUCH PARAGRAPH. PROVIDED, FURTHER, that
(i) no approval of the voters of such component school district shall be
required, (ii) the voting of a special tax or a tax to be collected in
installments shall not be a condition precedent to the adoption of a
bond resolution for such object or purpose, (iii) a majority vote of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14552-04-8
S. 7730 2 A. 9825
entire voting strength of the board of education shall be sufficient for
adoption of such a bond resolution, which bond resolution may be adopted
at a regular meeting, or a special meeting of the board of education
called on not less than twelve hours oral or written notice, which may
be held either within or outside of such district, (iv) any such bond
resolution shall take effect immediately and shall not be subject either
to a mandatory or permissive referendum, and (v) no such bond resolution
shall be adopted prior to the execution by the board of cooperative
educational services and the component school districts of such board of
cooperative educational services of the agreement required by paragraph
a of this subdivision.
§ 2. Paragraph c of subdivision 2 of section 2023-a of the education
law, as amended by section 1 of subpart C of part C of chapter 20 of the
laws of 2015, is amended to read as follows:
c. "Capital local expenditures" means (I) the taxes associated with
budgeted expenditures resulting from the financing, refinancing, acqui-
sition, design, construction, reconstruction, rehabilitation, improve-
ment, furnishing and equipping of, or otherwise providing for school
district capital facilities or school district capital equipment,
including debt service and lease expenditures, and transportation capi-
tal debt service, subject to the approval of the qualified voters where
required by law; AND (II) THE SCHOOL DISTRICT'S SHARE OF CAPITAL LOCAL
EXPENDITURES, AS DEFINED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, OF THE
BOARD OF COOPERATIVE EDUCATIONAL SERVICES OF WHICH THE SCHOOL DISTRICT
IS A COMPONENT, AS AUTHORIZED PURSUANT TO PARAGRAPH B OF SUBDIVISION
THIRTEEN OF SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE. [The commis-
sioner of taxation and finance shall, as appropriate, promulgate rules
and regulations which may provide for adjustment of capital local
expenditures to reflect a school district's share of additional budgeted
capital expenditures made by a board of cooperative educational
services.]
§ 3. This act shall take effect immediately; provided that the amend-
ments to section 2023-a of the education law, made by section two of
this act, shall not affect the expiration and repeal of such section,
and shall expire and be deemed repealed therewith.